SERIOUS
(G)
Actual Harm - a resident was hurt due to facility failures
Accident Prevention
(Tag F0689)
A resident was harmed · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and review of pertinent facility documents, it was determined that the facility ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and review of pertinent facility documents, it was determined that the facility failed to prevent a fall from the bed by following the resident's plan of care during bed mobility which resulted in leg fractures and hospitalization. This deficient practice was identified for 1 of 4 residents reviewed for accidents (Resident #11).
The evidence was as follows:
On 7/20/22 at 12:24 PM, the surveyor observed Resident #11 sitting up in a bariatric bed (a bed designed to accommodate a higher weight capacity than standard beds) wearing a hospital gown. The resident who appeared morbidly obese stated to the surveyor that he/she had a fall in the facility a few months ago when the Certified Nursing Aide (CNA #1) attempted to change his/her incontinence brief independently. The resident stated he/she had told CNA #1 she could not do it on her own and needed another CNA to assist her, but CNA #1 continued to independently perform bed mobility anyway, and it caused him/her to fall out of the bed. The resident stated he/she spent weeks in the hospital and had injured both their right and left leg, resulting also in pain.
The surveyor reviewed the medical record for Resident #11.
A review of the admission Record face sheet (an admission summary) reflected the resident was re-admitted to the facility in January 2022 with diagnoses that included a history of falls, multiple sclerosis (a chronic disease where the immune system attacks nerve fibers in the brain and spinal cord causing inflammation which then alters the electrical messages to the brain), morbid obesity, unspecified fracture (break) of lower end left femur (thigh bone), and fracture of right tibial tuberosity (shin bone).
A review of the quarterly Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, dated 10/21/21 reflected that the resident had a brief interview for mental status score of 10 out of 15, which indicated that the resident had a moderately impaired cognition. It further reflected that the resident had exhibited no behaviors in the last seven days of the assessment. Section G used to assess the resident's functional status for activities of daily living (ADL), included that the resident required extensive assistance with a two-person physical assist for toileting and bed mobility (how the resident moves to and from lying position, turns side to side, and positions body while in bed or alternate sleep furniture). It further included that the resident had a functional range of motion limitation to one upper extremity and functional range of motion limitations to the bilateral lower extremities.
A review of the individualized comprehensive care plan reflected a focused area that Resident #11 had a risk for falls that was initiated on 1/24/18. Interventions included to provide assistance, and to transfer as needed. The care plan was updated on 1/25/19 after a noted actual fall, and the care plan specified to include a two-person assist at all times with ADL's and bed mobility.
The surveyor reviewed the progress notes for Resident #11 and identified that the resident had an actual fall from the bed on 1/14/22.
A review of the Progress Notes reflected a Nurses Note dated 1/14/22 at 1:40 PM. The note indicated, Notified by staff, resident sustained fall inside bedroom. CNA was present in the room and witnessed fall. CNA states that fall occurred while she was performing a diaper change. Resident found kneeling on the floor while hanging on to the bed railing. [Resident #11] then was lowered to the ground by staff and kept comfortable. Upon assessment, resident states [he/she] was in pain but did not identify exact location of pain. Noted laceration to left lower abdomen, first aid administered. Resident has difficulty raising [his/her] lower extremities. Patient kept comfortable on the floor with pillow under [his/her] head until Emergency Medical Technician [EMT] arrived. Medical Doctor [MD] made aware, and family notified. Order received to send to emergency room [ER] for evaluation.
The surveyor requested the incident/accident investigative report for Resident #11's fall that occurred on 1/14/22.
A review of the Incident Report dated 1/14/22, included the CNA #1 staff statement As per CNA. While changing the resident, I turned [him/her] to [his/her] side and [his/her] legs began to slide out of bed. I eased [him/her] out of bed and went to get help.
A review of the most recent annual MDS dated [DATE], reflected a brief interview for mental status (BIMS) score of 10 out of 15, which indicated a moderately impaired cognition.
On 7/26/22 at 10:08 AM, the surveyor requested the corresponding hospital records for Resident #11. A review of the hospital records revealed Resident #11 was hospitalized from [DATE] until 1/28/22. The report further revealed Resident #11 was seen by the orthopedic surgeon on 1/16/22 whose impression was resident sustained .a right, non-displaced tibial plateau fracture and a left, minimally displaced distal femur fracture after a fall out of bed .
On 7/26/22 at 11:11 AM, the surveyor conducted a telephone interview with the Registered Nurse/Unit Manager (RN/UM) who worked on 1/14/22. The RN/UM stated he remembered CNA #1 had called him into the room and told him Resident #11 had sustained a fall out of bed. The RN/UM stated he went into the room and assisted Resident #11 to the ground, and assessed the resident and he/she had no apparent injuries at the time except a skin tear on his/her thigh, and no sign of hip fracture or hip displacement. The RN/UM also stated Resident #11 did complain of localized pain around the skin tear but complained of generalized pain, so the resident remained on the floor until Emergency Medical Services (EMS) could transfer them to the hospital for further assessment and treatment. The RN/UM stated he believed CNA #1 was in the room alone at the time of the fall, and that CNA #1 should have called someone into the room to assist her in moving the resident during care especially with a resident that big in size. He added that you would need an extra hand to ensure the resident's safety. The RN/UM stated he did not believe the resident had a history of falls, but knew resident required a mechanical lift to get them out of bed. When the surveyor asked the RN/UM if there were any circumstances when one staff would be sufficient when a resident was assessed to require a two-person extensive assistance, and the RN/UM responded, No. He continued that staff must get someone to come help them with that resident's care. He added that in general, if they were a two-person assist, we instructed staff to get someone to ensure nothing happens to the resident or staff member such as falls or injury. The RN/UM stated prior to this incident, he had never had any concerns with CNA #1's transfers but he spoke to CNA #1 about having a second staff member when there is a two-person assistance required.
On 7/26/22 at 12:13 PM, the surveyor observed Resident #11 in bed on an air mattress with their head elevated. There was lunch on the resident's bedside table. The resident informed the surveyor he/she was afraid now of another fall from the bed. The resident added that since the fall, their left leg was so sore.
On 7/26/22 at 12:52 PM, the surveyor interviewed the Director of Rehabilitation Services (DRS) who stated since Resident #11 could not get out of bed or perform bed mobility (rolling side to side), the resident required an extensive, two-person physical assist. One staff member would perform the care while the other staff member maintained the resident's position, for safety. The DRS stated Resident #11 was not on therapy services before the hospitalization, but once they returned from the hospital, Resident #11 was placed on both Physical Therapy (PT) and Occupational Therapy (OT) from 1/29/22- 2/24/22. The DRS stated that per the hospital records, Resident #11 had a fall which resulted in a minimal displacement (slight shift in position) of the left distal femur (the area of the leg just above the knee joint) and a non-displaced (bone did not shift) right proximal tibia fracture (a break in the shinbone just below the knee). The RDS stated there were no circumstances when a two-person assist should be performed alone, as it could cause injury to staff as well as the resident.
On 7/27/22 at 10:33 AM, the surveyor interviewed CNA #1 who was assigned to Resident #11 on 1/14/22. The CNA #1 stated she has worked at the facility for about a year and three months. She stated that she starts her shift in the morning with gathering her supplies and checking on her residents based on the assignment she was given that day. She stated that there are many ways in which she can find out what kind of care or level of assistance a resident needs, such as asking the resident directly, reviewing the [NAME] or care plan for the resident, look on the resident's chart, or ask the nurse.
CNA #1 stated that she was familiar with Resident #11 and that the resident required extensive assistance because he/she had a weak right arm. The CNA #1 stated that at the time she cared for the resident, she had only been working at the facility for about six months and didn't know about a [NAME] (CNA care plan) system as she was still trying to learn things. The CNA #1 stated that she believed that the resident required one person to assist.
The surveyor inquired about the fall incident that occurred on 1/14/22. The CNA #1 stated after washing the front of the resident, she needed to turn the resident to their side to perform washing to the back, so she independently pulled the sheet that was under Resident #11 and crossed their legs. CNA #1 stated she had one hand on the resident holding them and the other hand she held a washcloth, when Resident #11's left leg had begun to slip off the bed, she immediately grabbed the bed controller and lowered the bed to the floor, because she said she knew she could not independently hold the resident's weight. Once the bed was lowered, she tried to ease the resident down to the floor and onto their knees and she called out to the Housekeeper who called the RN/UM. She stated that the resident was not complaining of pain, but was more so in shock and panic from falling out of the bed and was more so scared than in pain. The CNA #1 told the surveyor that she had the resident on her assignment once more when the resident returned to the facility, and another male CNA assisted her that day. The surveyor asked CNA #1 how many residents were on her assignment that day and CNA #1 stated she believed 11 or 12, but usually it was 13 residents. CNA #1 stated she was sure there were only four CNA's that day because if there had been five CNA's, she would not have had Resident #11's room on her assignment.
On 7/27/22 at 12:15 PM, the surveyor reviewed the Daily Assignment Sheet provided by the Assistant Director of Nursing (ADON) which revealed on 1/14/22 during the 7:00 AM to 3:00 PM day shift, they had four CNA's assigned to work on the third floor. At that same time, the surveyor reviewed the facility provided census for the third floor on 1/14/22 which revealed there were a total of 54 residents residing on the third floor that day, making the ratio one CNA to every 13 residents.
On 7/27/22 at 12:20 PM, the surveyor interviewed the Director of Nursing (DON) in the presence of the survey team. The DON acknowledged that according to the fall investigation CNA #1 independently turned Resident #11 during care, but according to the resident's care plan and quarterly MDS dated [DATE] prior to the fall, the resident required a two-person physical assist for bed mobility and toileting. Together the surveyor and the DON reviewed the facility provided Incident Report for Resident #11's fall investigation's conclusion which revealed In conclusion resident sustained a witnessed fall when CNA #1 turned [him/her] and [he/she] was lowered to the floor. The DON acknowledged there was no mention of cause regarding the one-person assist when two-person assistance was required. The DON further acknowledged there was no documented re-education provided to CNA #1 directly after the fall incident and no competencies were immediately performed. The DON stated it was important that CNA #1 should have been re-educated regarding safe care for Resident #11 regarding bed mobility to prevent future accidents. The DON was able to provide the surveyor a copy of the CNA [NAME] at the time of the the fall that occurred on 1/14/22. The [NAME] revealed that the resident required one person for bathing. (This did not correspond with the care plan that was updated on 1/25/19 that indicated the resident required a two person assistance for ADL care and bed mobility). The DON stated that the resident was one person for bathing, but confirmed if the resident was going to be turned during the bathing process, it would require two people to turn the resident. At that time also, the surveyor and the DON reviewed the facility provided census for 1/14/22 as well as the Daily Assignment Sheet for the CNA's for 1/14/22. The DON acknowledged there were four CNA's assigned to the 7:00 AM to 3:00 PM day shift for the third floor and that the resident census for that day was 54, a ratio of one CNA to every 13 residents. The DON acknowledged that the resident had leg fractures and an unplanned hospitalization. There were no other incidents regarding the CNA #1 or Resident #11.
A review of the facility's Bath, Bed policy revised 2018, included under General Guidelines 1. Review the care plan to determine any special needs of the resident .a. Instruct the resident to turn on his/her side with his/her back toward you. (Note: Be sure the side rail is up on the opposite side of the bed to prevent the resident from rolling out of bed.) b. If the resident cannot turn by himself or herself, assist as needed .
A review of the facility's Identifying Neglect policy dated 2/10/22, included preventing resident neglect is a priority throughout all levels of this organization .neglect is defined as the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical pain, mental anguish, or emotional distress; any situation in which the resident's care needs are known (or should be known) by staff (based on assessment and care planning), and those needs are not met due to other circumstances, can be defined as neglect; circumstances that lead to neglect: .lack of sufficient staffing .poor staff oversight and/or performance evaluations
NJAC 8:39-27.1 (a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected 1 resident
Based on observation, interview, and review of facility documents, it was determined that the facility failed to report to the New Jersey Department of Health (NJDOH) an allegation of resident-to-resi...
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Based on observation, interview, and review of facility documents, it was determined that the facility failed to report to the New Jersey Department of Health (NJDOH) an allegation of resident-to-resident abuse that occurred on 2/17/22. This deficient practice was identified for 1 of 3 residents (Resident #55) reviewed for abuse and was evidenced by the following:
On 7/22/22 at 10:54 AM, the surveyor observed Resident #55 in their wheelchair in the hallway approach another resident (Resident #28) in their wheelchair and he/she kicked the back of the other resident's wheelchair while making grunting noises. The surveyor observed Resident #28 try to propel themselves away from Resident #55, but the resident was unable to maneuver around the housekeeping cart in the hallway. Resident #28 called out help me and grabbed a broom off the housekeeping cart as Resident #55 attempted to grab the back handle of Resident #28's wheelchair. There was no staff present at this time, so the surveyor looked down the hallway and saw an Occupational Therapist (OT) who the surveyor called for help. The surveyor told the OT what they observed, and the OT removed Resident #28 from the hallway.
The surveyor reviewed the medical record for Resident #55.
A review of the admission Record face sheet reflected that the resident was admitted to the facility in December of 2019 with diagnoses which included cerebral infarction due to embolism of left middle cerebral artery (stroke caused by a blood clot), dysphagia (difficult swallowing), aphasia following cerebral infarction (loss of ability to understand or express speech caused by a stroke), and major depressive disorder.
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 6/17/22, reflected a brief interview for mental status (BIMS) score of 6 out of 15, which indicated severely impaired cognition.
A review of the Progress Notes reflected a Nursing/Clinical note dated 2/17/22 at 7:51 PM, that the writer (Registered Nurse (RN)) was told by other nursing staff that there was an incident between Resident #55 and Resident #12 around 7:05 PM when I was on break. Resident #55 wheeled themselves to Resident #12 who was sitting in their wheelchair by the nurse's station and Resident #55 kicked Resident #12 in their right lower leg. The residents were immediately separated by nursing staff who witnessed the incident and Resident #55 was directed back to their room.
On 7/25/22 at 9:00 AM, the surveyor requested from the Director of Nursing (DON) all investigations for Resident #55 for the past two years.
On 7/25/22 at 10:48 AM, the DON provided the surveyor with the requested investigations and confirmed they were all the investigation completed for Resident #55 since 2021.
The surveyor reviewed the investigations for Resident #55 which did not include the resident-to-resident abuse documented in the Progress Notes on 2/17/22.
On 7/26/22 at 9:39 AM, the DON informed the surveyor that last night while reviewing Resident #55's medical record, she noticed that Resident #55 kicked Resident #12 in February of 2022, but she was not the DON at that time. The DON stated that she called the previous DON (DON #2) who stated that he thought there was a soft file. The surveyor asked what a soft file was, and the DON responded it was just an investigation. The surveyor asked the DON to provide them with a copy and asked if the incident was reported to the NJDOH. The DON responded no and acknowledged that the incident should have been since it was an allegation of abuse.
On 7/28/22 at 10:51 AM, the DON in the presence of the Licensed Nursing Home Administrator (LNHA), Assistant Director of Nursing (ADON), and the survey team confirmed that the resident-to-resident abuse from 2/17/22 was not reported to the NJDOH.
A review of the facility's Abuse Investigation and Reporting policy dated revised July 2017, included all reports of abuse, neglect, exploitation, misappropriation of resident property, mistreatment and/or injuries of unknown source (abuse) shall be promptly reported to local, state and federal agencies (as defined by current regulations) and thoroughly investigated by facility management. Findings of abuse investigations will also be reported .
NJAC 8:39-9.4(e)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Investigate Abuse
(Tag F0610)
Could have caused harm · This affected 1 resident
Based on observation, interview, record review, and review of pertinent facility documentation, the facility failed to thoroughly investigate an instance of resident-to-resident abuse that occurred on...
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Based on observation, interview, record review, and review of pertinent facility documentation, the facility failed to thoroughly investigate an instance of resident-to-resident abuse that occurred on 2/17/22. This deficient practice was identified for 1 of 3 residents (Resident #55) reviewed for abuse, and evidenced by the following:
On 7/22/22 at 10:54 AM, the surveyor observed Resident #55 in their wheelchair in the hallway approach another resident (Resident #28) in their wheelchair and he/she kicked the back of the other resident's wheelchair while making grunting noises. The surveyor observed Resident #28 try to propel themselves away from Resident #55, but the resident was unable to maneuver around the housekeeping cart in the hallway. Resident #28 called out help me and grabbed a broom off the housekeeping cart as Resident #55 attempted to grab the back handle of Resident #28's wheelchair. There was no staff present at this time, so the surveyor looked down the hallway and saw the Occupational Therapist (OT) who the surveyor called for help. The surveyor told the OT what they observed, and the OT removed Resident #28 from the hallway.
The surveyor reviewed the medical record for Resident #55.
A review of the admission Record face sheet reflected that the resident was admitted to the facility in December of 2019 with diagnoses which included cerebral infarction due to embolism of left middle cerebral artery (stroke caused by a blood clot), dysphagia (difficult swallowing), aphasia following cerebral infarction (loss of ability to understand or express speech caused by a stroke), and major depressive disorder.
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 6/17/22, reflected a brief interview for mental status (BIMS) score of 6 out of 15, which indicated severely impaired cognition.
A review of the Progress Notes reflected a Nursing/Clinical Note dated 2/17/22 at 7:51 PM, that the writer (Registered Nurse (RN #1)) was told by other nursing staff that there was an incident between Resident #55 and Resident #12 around 7:05 PM when I was on break. Resident #55 wheeled themselves to Resident #12 who was sitting in their wheelchair by the nurse's station and Resident #55 kicked Resident #12 in their right lower leg. The residents were immediately separated by nursing staff who witnessed the incident and Resident #55 was directed back to their room.
A review of an additional Nursing/Clinical Note dated 2/17/22 at 9:03 PM, reflected that complete body check was done on Resident #55 with no apparent injury, no complaint of pain and any discomforts from the incident with Resident #12.
A review of a Social Services Note dated 2/18/22 at 2:45 PM, reflected that the Undersigned (Director of Social Services (DSS)) met with Resident #55 and the RN/Supervisor #1 as a witness and resident was counseled to do not touch, hit, kick any resident or staff. Resident educated to get staff member if they feel upset, angry to deescalate any issues before it arises. Resident has expressive aphasia (communication disorder that can make it difficult to produce speech.)
A review of an additional Social Services Note dated 2/18/22 at 3:38 PM, reflected that the DSS and the RN/Supervisor #1 provided a picture book to assess Resident #55's memory. The resident was provided with three words to remember and shown pictures to point to recall. The BIMS score was assessed at a seven which indicated severe cognitive impairment.
There were no additional Progress Notes regarding the incident.
A review of the annual MDS from the period of the incident on 2/17/22 dated 12/15/21, reflected that the resident had a BIMS score of 5 out 15, which indicated severely impaired cognition. A review of Section B Hearing, Speech, and Vision indicated that the resident had unclear speech; sometimes makes self understood with regards to ability limited to making concrete requests; and usually understands others with regards to misses some part/intent of message but comprehends most conversation.
On 7/25/22 at 9:00 AM, the surveyor requested from the Director of Nursing (DON) all investigations for Resident #55 for the past two years.
On 7/25/22 at 10:48 AM, the DON provided the surveyor with the requested investigations and confirmed they were all the investigation completed for Resident #55 since 2021.
The surveyor reviewed the investigations for Resident #55 which did not include the resident-to-resident abuse documented in the Progress Notes on 2/17/22.
On 7/26/22 at 9:39 AM, the DON informed the surveyor that last night while reviewing Resident #55's medical record, she noticed that Resident #55 kicked Resident #12 in February of 2022, but she was not the DON at that time. The DON stated that she called the previous DON (DON #2) who stated that he thought there was a soft file. The surveyor asked what a soft file was, and the DON responded it was just an investigation. The surveyor asked the DON to provide them with a copy.
On 7/26/22 at 10:09 AM, the DON provided the surveyor with a handwritten accident report dated 2/17/21 at 7:05 PM; incident occurred 2/17/22. When the surveyor asked why the investigation was handwritten and not typed like the other investigations provided, the DON stated that she could not speak to it. When asked what actions the facility took to ensure Resident #55 did not kick any other residents, the DON stated that the resident followed up with the Psychiatrist and was counseled not to kick anyone.
At this time the surveyor reviewed the incident report with the DON, the part of the report that indicated a signature for the person preparing the report, Medical Director and Administrator was blank and the previous DON (DON #2) signed but did not date; the documents reviewed indicated medical records and statements; actions taken during this investigation was not applicable; three staff members were listed as people interviewed RN/Supervisor #1, RN/Supervisor #2, and Licensed Practical Nurse (LPN #1); and the conclusion was resident was seen by Psychiatrist on 2/15/22 (two days prior to event) with no changes in medicine and the resident was educated to not make any physical contact with other residents. There were no statements from the three people interviewed included. The DON could not speak to these statements. The DON stated that LPN #1 no longer worked at the facility but RN/Supervisor #1 and RN/Supervisor #2 still worked at the facility. The surveyor requested their telephone numbers.
On 7/26/22 at 11:11 AM, the surveyor interviewed RN/Supervisor #1 via telephone who stated that investigations were typically completed by the DON or the Assistant Director of Nursing (ADON), but the primary nurse would start an investigation by talking to the resident's Certified Nursing Aide (CNA). RN/Supervisor #1 stated that the staff interview would be paraphrased in the electronic medical record in the incident report. RN/Supervisor #1 stated that night he was at the Nurse's Station and observed Resident #55 propel themselves to the Nurse's Station for a snack and them propelled themselves in their wheelchair to Resident #12 and kicked him/her in their leg. RN/Supervisor #1 stated the residents were separated. RN/Supervisor #1 stated that he could not recall if any documented interventions were put into place after the incident. RN/Supervisor #1 stated Resident #55 was non-verbal and would need to be in the mood to listen. The resident would not automatically do what you told them to do.
On 7/26/22 at 12:07 PM, the surveyor interviewed RN/Supervisor #2 who stated that she did not witness the incident on 2/17/22 but was called to the floor after the incident. RN/Supervisor #2 stated for resident-to-resident incidents, statements were documented in the electronic medical record. RN/Supervisor #2 stated that the purpose of investigation was to determine what happened and why it happened to prevent the situation from occurring again. RN/Supervisor #2 stated she spoke with LPN #1 who was a per diem nurse who no longer worked at the facility, and she obtained her statement. RN/Supervisor #2 stated LPN #1 did not witness Resident #55 kick Resident #12 but she heard Resident #12 say Resident #55 kicked him/her. RN/Supervisor #2 stated that she completed the incident report in the electronic medical record, but cannot speak to it. RN/Supervisor #2 stated she cannot recall a plan of care for Resident #55 after the incident.
On 7/26/22 at 12:54 PM, the surveyor interviewed the DSS who stated that Resident #55 had a cognitive deficit with a BIMS score usually of a six or a seven which indicated severely impaired cognition. The resident depending on their mood could follow direction. The surveyor asked if someone told the resident to stop doing something would they listen and the DSS replied not always. When the surveyor asked her how the telling the resident not to kick someone as documented in her note on 2/18/22 was an appropriate intervention for a resident with severe cognitive impairment, the DSS stated that counseling was an intervention and could not speak further.
On 7/28/22 at 10:51 AM, the DON and the Licensed Nursing Home Administrator (LNHA) in the presence of the ADON and the survey team confirmed the investigation provided to the surveyor for the resident-to-resident incident on 2/17/22, which was dated 2/17/21, was not a complete investigation. The DON also confirmed this incident was not reported to the New Jersey Department of Health.
A review of the facility's Resident-to-Resident Altercations policy dated Revised December 2016, included all altercations, including those that may represent resident-to-resident abuse, shall be investigated and reported to the Nursing Supervisor, the Director of Nursing Services and to the Administrator if two residents are involved in an altercation staff will: .identify what happened, including what might have led to the aggressive conduct on the part of one or more of the individuals involved in the altercation .review the events with the Nursing Supervisor and Director of Nursing, and possible measures to try to prevent additional incidents .document in the resident's clinical record all interventions and their effectiveness .complete a Report of Incident/Accident form and document the incident, findings, and any corrective measures taken in the resident's medical/clinical record .
A review of the facility's Abuse Investigation and Reporting policy dated revised July 2017, included all reports of abuse, neglect, exploitation, misappropriation of resident property, mistreatment and/or injuries of unknown source (abuse) shall be promptly reported to local, state and federal agencies (as defined by current regulations) and thoroughly investigated by facility management. Findings of abuse investigations will also be reported .
Refer to F609
NJAC 8:39-4.1(a)5; 27.1(a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected 1 resident
Based on observation, interview and record review it was determined that the facility failed to develop an appropriate comprehensive, person-centered care plan for a resident with known resident-to-re...
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Based on observation, interview and record review it was determined that the facility failed to develop an appropriate comprehensive, person-centered care plan for a resident with known resident-to-resident altercations to prevent additional altercations with residents. This deficient practice was identified for 1 of 25 residents (Resident #55) reviewed for comprehensive care plans, and was evidenced by the following:
On 7/22/22 at 10:54 AM, the surveyor observed Resident #55 in their wheelchair in the hallway approach another resident (Resident #28) in their wheelchair and he/she kicked the back of the other resident's wheelchair while making grunting noises. The surveyor observed Resident #28 try to propel themselves away from Resident #55, but the resident was unable to maneuver around the housekeeping cart in the hallway. Resident #28 called out help me and grabbed a broom off the housekeeping cart as Resident #55 attempted to grab the back handle of Resident #28's wheelchair. There was no staff present at this time, so the surveyor looked down the hallway and saw the Occupational Therapist (OT) who the surveyor called for help. The surveyor told the OT what they observed, and the OT removed Resident #28 from the hallway.
The surveyor reviewed the medical record for Resident #55.
A review of the admission Record face sheet reflected that the resident was admitted to the facility in December of 2019 with diagnoses which included cerebral infarction due to embolism of left middle cerebral artery (stroke caused by a blood clot), dysphagia (difficult swallowing), aphasia following cerebral infarction (loss of ability to understand or express speech caused by a stroke), and major depressive disorder.
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 6/17/22, reflected a brief interview for mental status (BIMS) score of 6 out of 15, which indicated severely impaired cognition.
A review of the Progress Notes reflected a Nursing/Clinical Note dated 2/17/22 at 7:51 PM, that the writer (Registered Nurse (RN)) was told by other nursing staff that there was an incident between Resident #55 and Resident #12 around 7:05 PM when I was on break. Resident #55 wheeled themselves to Resident #12 who was sitting in their wheelchair by the nurse's station and Resident #55 kicked Resident #12 in their right lower leg. The residents were immediately separated by nursing staff who witnessed the incident and Resident #55 was directed back to their room.
A review of the resident's comprehensive person-centered care plan included a focus area initiated on 8/31/2020 and last revised on 2/18/22 for the resident's has a physical agitation and aggressive behavior related to traumatic brain injury and unable to express self, [he/she] kicks others. Interventions included to allow patient time to respond to directions or requests; approach slowly and slightly to the side; be aware of patient's personal space; use consistent routines and caregivers for activities of daily living [ADLs]. The care plan did not include the resident kicked residents or interventions to prevent the resident from physically abusing another resident.
On 7/26/22 at 11:11 AM, the surveyor interviewed the Registered Nurse/Supervisor (RN/Supervisor) who stated that care plans were updated as needed by the unit managers and the Assistant Director of Nursing (ADON). The RN/Supervisor stated at the time of Resident #55's altercation with Resident #12, he was the Unit Manager and witnessed Resident #55 kick Resident #12. The RN/Supervisor stated that after an incident report was completed, usually the DON, ADON, or Unit Manager developed interventions to put into place in order to prevent the situation from re-occurring and the care plan was updated. The RN/Supervisor stated that he could not recall documenting any new interventions or updating the care plan after Resident #55's altercation.
On 7/27/22 at 12:05 PM, the surveyor interviewed the DON who stated that care plans were updated after an incident with new interventions put in place to prevent the incident from reoccurring. At this time, the surveyor reviewed the resident's care plan with the DON regarding the care plan revised by her on 2/18/22 for the focused area of the resident kicked others. The DON stated that she started working at the facility on 4/6/22, but could have been at the facility reviewing charts as part of the Corporate facility and updated the care plan then. The DON stated that she could not speak to the particulars of why she updated the resident's care plan on 2/18/22, but the DON acknowledged that care plan was not appropriate for a resident who kicked other residents, the DON stated that the resident must have kicked a staff member because those interventions were appropriate for staff members.
A review of the facility's Care Planning - Interdisciplinary Team policy dated revised March 2022, included resident care plans are developed according to the timeframes and criteria established in 483.21; comprehensive, person-centered care plans are based on resident assessments and developed by an interdisciplinary team .
NJAC 8:39-11.2(e)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Incontinence Care
(Tag F0690)
Could have caused harm · This affected 1 resident
Based on observations, interview, record review, and review of pertinent facility documentation, it was determined that the facility failed to ensure a.) ensure catheter care was performed and documen...
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Based on observations, interview, record review, and review of pertinent facility documentation, it was determined that the facility failed to ensure a.) ensure catheter care was performed and documented every shift and b.) catheter urine output was documented every shift in accordance with a physician's order. This deficient practice was identified for 1 of 2 residents (Resident #36) reviewed for catheter care and was evidenced by the following:
On 7/27/22 at 10:45 AM, the surveyor observed Resident #36 in bed, awake and receiving a nebulizer treatment (a device for producing a fine spray of liquid, used for example for inhaling a medicinal drug). The resident had a urinary catheter collection bag in a dignity bag hanging from the bed frame below the resident's bed.
The surveyor reviewed the medical record for Resident #36.
A review of the admission Record face sheet reflected the resident was initially admitted to the facility in May 2022 with medical diagnosis which included diffuse large b-cell lymphoma (a type of lymph node cancer), diabetes mellitus, hypertensive heart disease (high blood pressure), benign prostatic hyperplasia (prostate gland enlargement), and urinary tract infection (UTI).
A review of the admission Minimum Data Set (MDS), an assessment tool dated 5/31/22, reflected the resident had a brief interview for mental status (BIMS) score of 12 out of 15, which indicated a moderately impaired cognition.
A review of the June 2022 Treatment Administration Record (TAR) included a physician's order dated 6/12/22 for catheter output every shift. The corresponding dates and shifts that were not documented as follows:
6/24/22 3 PM - 11 PM shift
6/25/22 7 AM - 3 PM shift
6/26/22 7 AM - 3 PM shift
6/28/22 7 AM - 3 PM shift
A review of the July 2022 TAR included a physician's order dated 6/12/22 and discontinued 7/10/22 for catheter output every shift. The corresponding dates and shifts were not documented as follows:
7/1/22 7 AM - 3 PM shift
7/1/22 3 PM - 11 PM shift
7/4/22 3 PM - 11 PM shift
A further review of the July 2022 TAR reflected an additional physician's order dated 7/15/22 for catheter output every shift. The corresponding dates and shifts were not documented as follows:
7/16/22 7 AM - 3 PM shift
7/17/22 3 PM - 11 PM shift
7/18/22 11 PM - 7 AM shift
7/19/22 3 PM - 11 PM shift
7/20/22 3 PM - 11 PM shift
7/23/22 7 AM - 3 PM shift
A review of the July 2022 Tar reflected a physician's order dated 7/15/22 for urinary catheter care every shift for urinary retention. The corresponding dates and shifts were not documented as follows:
7/16/22 7 AM - 3 PM shift
7/18/22 11 PM - 7 AM shift
7/19/22 3 PM - 11 PM shift
7/20/22 3 PM - 11 PM shift
7/22/22 7 AM - 3 PM shift
On 7/28/22 at 09:38 AM, the surveyor interviewed the lead Certified Nursing Assistant (CNA) who stated that CNAs emptied the urinary collection bag for residents with catheters and reported the total amount of urine to the nurses, who then documented the output.
On 7/28/22 at 09:51 AM, the surveyor interviewed the Licensed Practical Nurse (LPN) who stated the facility nurses were responsible for catheter care as ordered and the CNAs usually emptied the catheter urinary collection bags and reported the amount of urine to the nurses for documentation. The LPN further stated that catheter care and urine output monitoring was important to monitor for resident's urine production and if you don't empty the bag, it can cause a UTI.
On 7/28/22 at 10:19 AM, the Director of Nursing (DON) in the presence of the Licensed Nursing Home Administrator (LNHA), Assistant Director of Nursing (ADON), and the survey team, confirmed the missing documentation for the above dates for Resident #36's urine output and catheter care. The DON further acknowledged that if it was not documented, it was considered not done.
Review of the facility's Catheter Care, Urinary policy dated revised February 2022 included, The purpose of this procedure is to prevent catheter-associated urinary tract infections .Input/Output: 2. Maintain an accurate record of the resident's daily output, per facility policy and procedure .Documentation: The following information should be recorded in the resident's medical record: 1. The date and time that catheter care was given; 2. The name and title of the individual(s) giving catheter care; 3. All assessment data obtained when giving catheter care .
NJAC 8:39- 19.4 (a)5; 27.1 (a)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0559
(Tag F0559)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, it was determined that the facility failed to a.) notify in writing of reside...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, it was determined that the facility failed to a.) notify in writing of residents' room changes for cognitively impaired residents and b.) develop facility policy for room changes in accordance with federal and state regulations.
1. On 7/22/22 at 11:07 AM, the surveyor observed Resident #55 sitting in their wheelchair in the hallway outside of their room on the second-floor nursing unit. The resident was unable to be interviewed at this time.
On 7/25/22 at 11:18 AM, the surveyor interviewed Certified Nursing Aide (CNA #1) who stated the resident use to reside on the third-floor nursing unit and was moved at some point to the second-floor nursing unit.
The surveyor reviewed the medical record for Resident #55.
A review of the admission Record face sheet reflected that the resident was admitted to the facility in December of 2019 with diagnoses which included cerebral infarction due to embolism of left middle cerebral artery (stroke caused by a blood clot), dysphagia (difficult swallowing), aphasia following cerebral infarction (loss of ability to understand or express speech caused by a stroke), and major depressive disorder.
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 6/17/22, reflected a brief interview for mental status (BIMS) score of 6 out of 15, which indicated severely impaired cognition.
A review of the electronic medical record revealed no information as to when or why the resident's room was changed.
On 7/26/22 at 12:54 PM, the surveyor interviewed the Director of Social Services (DSS) who stated if a resident requested a room change, the request would go through the admission Department who handled all room changes. The DSS stated room changes were documented in the electronic medical record in a Social Service Note if the social worker initiated a room change and in a Nurse Note if the nurse initiated a room change. The DSS stated the facility would speak to the resident or responsible party, but the facility did not have a form that the resident or responsible party signed agreeing to the room change.
On 7/27/22 at 10:05 AM, the surveyor interviewed the second-floor nursing unit Licensed Practical Nurse/Unit Manager (LPN/UM) who stated Resident #55 was transferred to this floor from the third-floor nursing unit. The LPN/UM stated she was unsure the exact date the resident moved or why the resident was transferred, that the Admissions Department verbally informed the Unit Manager a resident was moving to their floor and then the Unit Manager informed the social worker of the room change. The LPN/UM stated that there was no formal form for a room change and the social worker documented the room change in the resident's medical record.
On 7/27/22 at 10:23 AM, the surveyor interviewed CNA #2 who stated Resident #55 can sometimes be difficult and did not want to be touched and made groaning noises. CNA #2 stated that the resident cannot speak but can understand. CNA #2 stated Resident #55 used to reside on the third-floor nursing unit but was moved to the second-floor nursing unit to room [ROOM NUMBER] and then at some point was moved to room [ROOM NUMBER]. CNA #2 could not speak to why the resident was moved or when the resident was moved.
On 7/27/22 at 11:01 AM, the surveyor interviewed the Director of Admissions who stated the process for a room change depended on if the resident or resident's representative was requesting a room change and if the facility had an available room. If the resident needed to be moved for a COVID-19 isolation status, the facility notified the resident or their representative for consent prior to moving the resident. The Director of Admissions stated when a resident was moved, the room number was changed in their electronic medical record. The Director of Admissions stated that he sent an email to staff regarding the room change, but he did not document in the electronic medical record the reason why the room was changed or who was notified. The Director of Admissions stated either the nurse or the social worker might document the room change in the medical record.
On 7/27/22 at 1:24 PM, the survey team met with the Licensed Nursing Home Administrator (LNHA), Director of Nursing (DON), and Assistant Director of Nursing (ADON). The surveyor requested documentation for Resident #55's room changes.
On 7/28/22 at 10:51 AM, the DON in the presence of the LNHA, ADON, and survey team provided the surveyor with Resident #55's room changes as follows:
The resident resided in room [ROOM NUMBER] from 1/1/21 through 8/27/21 and was transferred to room [ROOM NUMBER] on 8/27/21 for COVID-19 isolation room needs and Emergency Contact #1 was notified.
The resident resided in room [ROOM NUMBER] from 8/27/21 until 5/14/22 and was transferred to room [ROOM NUMBER] on 5/14/22 for renovations and resident's Guardian was made aware.
The resident resided in room [ROOM NUMBER] from 5/14/22 until 6/13/22 and was transferred to room [ROOM NUMBER] on 6/13/22 for COVID-19 isolation and the resident's Guardian was made aware.
At this time, the DON stated there was no documentation in the resident's medical chart for these room changes but everyone was made aware of the room changes. The DON stated that the facility did not provide residents or their representatives in writing notice of room changes.
2. On 7/25/22 at 11:16 AM, the surveyor observed Resident #28 in the second-floor nursing unit hallway self propelling in their wheelchair. The surveyor attempted to interview the resident who did not respond.
On 7/26/22 at 12:54 PM, the surveyor interviewed the DSS who stated if a resident requested a room change, the request would go through the admission Department who handled all room changes. The DSS stated room changes were documented in the electronic medical record in a Social Service Note if the social worker initiated a room change and in a Nurse Note if the nurse initiated a room change. The DSS stated the facility would speak to the resident or responsible party, but the facility did not have a form that the resident or responsible party signed agreeing to the room change.
On 7/27/22 at 10:31 AM, the surveyor interviewed CNA #2 who stated the resident was transferred to the second-floor nursing unit from the third-floor nursing unit. CNA #2 stated the resident was confused.
On 7/27/22 at 10:32 AM, the second floor Unit Clerk overheard CNA #2 inform the surveyor Resident #28 was transferred to the second-floor nursing unit. The Unit Clerk at this time informed the surveyor that long term care residents were all being moved from the third floor to the second-floor nursing unit.
The surveyor reviewed the medical record for Resident #28.
A review of the admission Record face sheet reflected the resident was admitted to the facility in June of 2017 with diagnoses which included unspecified dementia with behavioral disturbance, unspecified macular degeneration (breakdown of the cells in the center of the retina blocking vision), major depressive disorder, and history of falling.
A review of the most recent annual MDS dated [DATE], reflected a BIMS score of 4 out of 15, which indicated a severely impaired cognition.
A review of the medical record did not include when and why the resident was transferred.
On 7/27/22 at 11:01 AM, the surveyor interviewed the Director of Admissions who stated the process for a room change depended on if the resident or resident representative was requesting a room change and if the facility had an available room. If the resident needed to be moved for a COVID-19 isolation status, the facility notified the resident or their representative for consent prior to moving the resident. The Director of Admissions stated when the resident was moved, the room number was changed in their electronic medical record. The Director of Admissions stated that he sent an email to staff regarding the room change, but he did not document in the electronic medical record the reason why the room was changed or who was notified. The Director of Admissions stated that either the nurse or the Social Worker might document the room change in the medical record.
On 7/27/22 at 1:24 PM, the survey team met with the Licensed Nursing Home Administrator (LNHA), Director of Nursing (DON), and Assistant Director of Nursing (ADON). The surveyor requested documentation for Resident #28's room changes.
On 7/28/22 at 10:51 AM, the DON in the presence of the LNHA, ADON, and survey team provided the surveyor with Resident #28's room changes as follows:
The resident resided in room [ROOM NUMBER] from 3/11/22 through 3/18/22, and was transferred to room [ROOM NUMBER] on 3/18/22 for a compatible change and the resident's Power of Attorney (POA) was notified.
The resident resided in room [ROOM NUMBER] from 3/18/22 through 5/27/22, and was transferred to room [ROOM NUMBER] on 5/27/22 for COVID-19 isolation rooms and the POA was notified.
At this time, the DON stated that there was no documentation in the resident's medical chart for these room changes but everyone was made aware of the room changes. The DON stated that the facility did not provide residents or their representatives in writing notice of room changes.
3. On 7/22/22 at 8:29 AM, the surveyor observed Resident #12 in their room on the second-floor nursing unit. The resident was sitting in their wheelchair eating breakfast. The surveyor observed the LPN administer the resident's morning medications. The resident was unable to be interviewed.
On 7/26/22 at 12:54 PM, the surveyor interviewed the DSS who stated if a resident requested a room change, the request would go through the admission Department who handled all room changes. The DSS stated room changes were documented in the electronic medical record in a Social Service Note if the social worker initiated a room change and in a Nurse Note if the nurse initiated a room change. The DSS stated that the facility would speak to the resident or responsible party, but the facility did not have a form that the resident or responsible party signed agreeing to the room change.
On 7/27/22 at 10:32 AM, the second floor Unit Clerk stated the resident was transferred to this unit from the third-floor nursing unit . The Unit Clerk stated that she thought the transfer occurred because all the long-term care residents were going to reside on the second-floor nursing unit.
On 7/27/22 at 10:33 AM, the surveyor interviewed CNA #2 who stated the resident was pleasantly confused.
The surveyor reviewed the medical record for Resident #12.
A review of the admission Record face sheet reflected that the resident was admitted to the facility in October of 2021 with diagnoses which included unspecified dementia without behavioral disturbance, adjustment disorder with depressed mood, history of falling, and cognitive communication deficit.
A review of the most recent quarterly MDS dated [DATE], reflected a BIMS score of 6 out of 15, which indicated a severely impaired cognition.
On 7/27/22 at 11:01 AM, the surveyor interviewed the Director of Admissions who stated the process for a room change depended on if the resident or resident representative was requesting a room change and if the facility had an available room. If the resident needed to be moved for a COVID-19 isolation status, the facility notified the resident or their representative for consent prior to moving the resident. The Director of Admissions stated when a resident was moved, the room number was changed in their electronic medical record. The Director of Admissions stated he sent an email to staff regarding the room change, but he did not document in the electronic medical record the reason why the room was changed or who was notified. The Director of Admissions stated that either the nurse or the Social Worker might document the room change in the medical record.
On 7/27/22 at 1:24 PM, the survey team met with the Licensed Nursing Home Administrator (LNHA), Director of Nursing (DON), and Assistant Director of Nursing (ADON). The surveyor requested documentation for Resident #12's room changes.
On 7/28/22 at 10:51 AM, the DON in the presence of the LNHA, ADON, and survey team provided the surveyor with Resident #12's room changes as follows:
The resident resided in room [ROOM NUMBER] from 10/7/21 to 10/29/21, and was transferred on 10/29/21 to room [ROOM NUMBER] for incompatible roommates and the resident was notified of the change.
The resident resided in room [ROOM NUMBER] from 10/29/21 to 11/23/21, and was transferred on 11/23/22 to room [ROOM NUMBER] for COVID-19 isolation rooms and the resident was notified.
The resident resided in room [ROOM NUMBER] from 11/23/21 to 12/21/21, and was transferred on 12/1/21 to room [ROOM NUMBER] for infection control reasons and the resident was notified.
The resident resided in room [ROOM NUMBER] from 12/1/22 to 5/11/22, and was transferred to room [ROOM NUMBER] for incompatible roommates and a temporary Guardian was notified.
The resident resided in room [ROOM NUMBER] from 5/11/22 to 5/27/22, and was transferred to room [ROOM NUMBER] for COVID-19 isolation rooms and the temporary Guardian was notified.
At this time, the DON stated there was no documentation in the resident's medical chart for these room changes but everyone was made aware of the room changes. The DON stated the facility did not provide residents or their representatives in writing notice of room changes.
A review of the facility's Room Change/Roommate Assignment policy dated 4/26/22, included .prior to changing a room or roommate assignment all parties involved in the change/assignments (e.g. residents and their representatives will be notified of change .documentation of a room change is recorded in the resident's medical record The policy did not include the resident and/or representative will receive written notice, including the reason for the change, before the resident's room or roommate in the facility was changed.
NJAC 8:39-4.1(a)(13)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0658
(Tag F0658)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. On 7/27/22 at 10:45 AM, the surveyor observed Resident #36 in bed, awake and receiving a nebulizer treatment (a device for pr...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. On 7/27/22 at 10:45 AM, the surveyor observed Resident #36 in bed, awake and receiving a nebulizer treatment (a device for producing a fine spray of liquid, used for example for inhaling a medicinal drug). The resident was able to speak with the surveyor and informed the surveyor that their requested code status was to have nothing done and to be a Do Not Resuscitate (DNR) in the event of an emergency. The resident informed the surveyor that they had already informed the facility of this request previously.
The surveyor reviewed the medical record for Resident #36.
A review of the admission Record face sheet indicated the resident was initially admitted to the facility in May 2022, and most recently re-admitted in July 2022 with diagnosis which included diffuse large b-cell lymphoma (a type of lymph node cancer), diabetes mellitus, hypertensive heart disease (high blood pressure), and protein-calorie malnutrition.
A review of the most recent admission MDS dated [DATE], indicated the resident had a BIMS score of 12 out of 15, which indicated moderately impaired cognition.
A review of the Social Service admission Evaluation dated effective 5/31/22, indicated the resident was to be DNR and had a Physician Orders for Life-Sustaining Treatment (POLST; a form which is completed and signed by the physician with the resident to order code status) form was on file.
A review of the resident's paper medical record included an undated and unsigned POLST form which indicated DNR.
A review of the resident's comprehensive care plan included a focus area initiated on 6/12/22, for an Advanced Directive with interventions that included Full Code (meaning if a person's heart stopped beating and/or they stopped breathing, all resuscitation procedures will be provided to keep them alive).
A review of the Medication Review Report dated on or after 7/27/22, did not include a physician's order for code status.
A review of three admission nursing assessments titled Resident Evaluation with COVID-19 Screen indicated the following: effective date 5/24/22 advanced directive code status None; effective date 6/9/22 advanced directive code status Full Code; effective date 7/15/22 advanced directive code status DNR and Do Not Intubate (DNI).
On 7/27/22 at 10:53 AM, the surveyor interviewed the Licensed Practical Nurse (LPN) who confirmed the resident had no physician order for code status. The LPN also stated that all residents were treated as Full Code unless otherwise ordered, and residents with DNR orders might have a bracelet indicating DNR.
On 7/27/22 at 11:05 AM, the surveyor interviewed the Unit Secretary (US) who informed the surveyor that the POLST should have been completed.
On 7/27/22 at 11:19 AM, the surveyor interviewed the lead Certified Nursing Assistant (CNA) who informed the surveyor that the resident should have a colored bracelet indicating code status. The surveyor accompanied by the lead CNA went to Resident #36 to observe the code status bracelet and the lead CNA was unable to locate the bracelet or determine the resident's code status.
On 7/27/22 at 11:28 AM, the surveyor interviewed the Director of Nursing (DON) who acknowledged that the resident's medical records were conflicting and in a code situation, the facility would have to call the resident's emergency contacts to determine the code status wishes.
On 7/28/22 at 10:19 AM, the DON in the presence of the LNHA, ADON, and survey team confirmed the nurse should have communicated with the physician any changes in code status. The DON confirmed when a resident was admitted or re-admitted to the facility, the admitting nurse asked the resident what their code status wishes were and documented it in the medical record as a standard of practice. The DON stated she spoke to the resident who confirmed they wanted to be a DNR, DNI, and receive no artificial nutrition.
A review of the facility's Advance Directives policy dated revised 2/10/22, included: .11. The resident has the right to refuse treatment, whether or not he or she has an advance directive. A resident will not be treated against his or her own wishes .our facility has defined advanced directives as preferences regarding treatment options and include, but are not limited to: .Do Not Resuscitate .
NJAC 8:39-27.1(a)
Based on observation, interview, and record review, it was determined that the facility failed to a.) follow a physicians order for a psychiatric consultation for a resident who had a physical altercation with a resident on 2/17/22 which continued through the standard survey on 8/3/22 and b.) assess and updated a resident's code status upon admission to the facility in accordance with professional standards of nursing practice. This deficient practice was identified for 2 of 25 residents (Resident #36 and #55) reviewed for professional standards of nursing practice.
Reference: New Jersey Statutes Annotated, Title 45. Chapter 11. Nursing Board. The Nurse Practice Act for the State of New Jersey states: The practice of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual and potential physical and emotional health problems, through such services as case finding, health teaching, health counseling, and provision of care supportive to or restorative of life and wellbeing, and executing medical regimens as prescribed by a licensed or otherwise legally authorized physician or dentist.
Reference: New Jersey Statutes Annotated, Title 45, Chapter 11. Nursing Board. The Nurse Practice Act for the State of New Jersey states: The practice of nursing as a licensed practical nurse is defined as performing tasks and responsibilities within the framework of case finding; reinforcing the patient and family teaching program through health teaching, health counseling and provision of supportive and restorative care, under the direction of a registered nurse or licensed or otherwise legally authorized physician or dentist.
The deficient practice was evidenced by the following:
1. On 7/22/22 at 10:54 AM, the surveyor observed Resident #55 in their wheelchair in the hallway approach another resident (Resident #28) in their wheelchair and he/she kicked the back of the other resident's wheelchair while making grunting noises. The surveyor observed Resident #28 try to propel themselves away from Resident #55, but the resident was unable to maneuver around the housekeeping cart in the hallway. Resident #28 called out help me and grabbed a broom off the housekeeping cart as Resident #55 attempted to grab the back handle of Resident #28's wheelchair. There was no staff present at this time, so the surveyor looked down the hallway and saw the Occupational Therapist (OT) who the surveyor called for help. The surveyor told the OT what they observed, and the OT removed Resident #28 from the hallway.
The surveyor reviewed the medical record for Resident #55.
A review of the admission Record face sheet reflected that the resident was admitted to the facility in December of 2019 with diagnoses which included cerebral infarction due to embolism of left middle cerebral artery (stroke caused by a blood clot), dysphagia (difficult swallowing), aphasia following cerebral infarction (loss of ability to understand or express speech caused by a stroke), and major depressive disorder.
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 6/17/22, reflected a brief interview for mental status (BIMS) score of 6 out of 15, which indicated severely impaired cognition.
A review of the Progress Notes reflected a Nursing/Clinical Note dated 2/17/22 at 7:51 PM, that the writer (Registered Nurse (RN)) was told by other nursing staff that there was an incident between Resident #55 and Resident #12 around 7:05 PM when I was on break. Resident #55 wheeled themselves to Resident #12 who was sitting in their wheelchair by the Nurse's Station and Resident #55 kicked Resident #12 in their right lower leg. The residents were immediately separated by nursing staff who witnessed the incident and Resident #55 was directed back to their room.
A review of the Order Summary Report reflected a physician's order (PO) dated 2/18/22 for a psychiatric consultation every shift for aggressive behavior discontinue once done.
On 7/25/22 at 12:41 PM, the surveyor requested from the Director of Nursing (DON) all of Resident #55's psychiatric consultations from the past year.
On 7/26/22 at 8:30 AM, the DON provided the surveyor with the Progress Notes for the psychiatric consultations for the past year. This included only one Physician/Practitioner Progress Note for a Psychiatric Follow Up dated 2/15/22. At this time, the DON confirmed this was all the psychiatric consultations Resident #55 had this year.
On 7/27/22 at 11:15 AM, the Assistant Director of Nursing (ADON) stated that the Psychiatrist requested to speak to the surveyor and provided the surveyor with his phone number.
On 7/27/22 at 11:17 AM, the surveyor interviewed the Psychiatrist via telephone who stated if the facility informed him there was an issue with a resident, he would come to the facility and see the resident. The Psychiatrist stated that if the resident refused to see him, he would not document that he came to visit but the resident refused to see him. When the surveyor asked why he would not document that the resident refused to see him or how would someone know that he attempted to see the resident, the Psychiatrist stated that he would expect the nurse to document a note that the resident refused to see the Psychiatrist that day. The Psychiatrist further stated that there was no need for him to document the refusal and staff should document there was communication with him. The Psychiatrist stated that he expected the nurses to communicate if a resident needed to be seen and if there was a change in a resident's behavior, the nurse should communicate that to him. When asked specifically if the Psychiatrist attempted to see Resident #55 in February, the Psychiatrist responded, I see between 10-15 people so there is no way I can remember everyone.
The surveyor continued to review Resident #55's medical record. There was no documentation that the resident refused to see the Psychiatrist.
On 7/28/22 at 10:51 AM, the DON in the presence of the LNHA, ADON, and survey team stated that the Psychiatrist did come to see the resident in February, but the resident refused to see the Psychiatrist. The DON confirmed that there was no documentation to corroborate this. The DON confirmed that it was the nurses responsibility to ensure that all physician's orders are followed through and that the Psychiatrist saw the resident.
A review of the facility's Behavioral Assessment, Intervention and Monitoring policy dated revised February 2022, included the facility will provide and residents will receive behavioral health services as needed to attain or maintain the highest practical physical, mental and psychosocial well-being in accordance with comprehensive assessments and plan of care .
A review of the facility's Physician Orders: Obtaining and Transcribing policy dated revised 2/10/22, included .notify other parties of orders as necessary, that is [i.e.] pharmacy, therapist, lab, consultant, etc. per center specific protocols .
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0712
(Tag F0712)
Could have caused harm · This affected multiple residents
Based on observation, interview, and record review, it was determined that the facility failed to ensure that the physician responsible for the supervising the care of a cognitively impaired resident ...
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Based on observation, interview, and record review, it was determined that the facility failed to ensure that the physician responsible for the supervising the care of a cognitively impaired resident conducted face-to-face visits and wrote progress notes at least every thirty days had been seen since March of 2022. This deficient practice was identified for 1 of 3 residents (Resident #55) reviewed for physician visits and was evidenced by the following:
On 7/22/22 at 10:54 AM, the surveyor observed Resident #55 in their wheelchair in the hallway approach another resident (Resident #28) in their wheelchair and he/she kicked the back of the other resident's wheelchair while making grunting noises. The surveyor observed Resident #28 try to propel themselves away from Resident #55, but the resident was unable to maneuver around the housekeeping cart in the hallway. Resident #28 called out help me and grabbed a broom off the housekeeping cart as Resident #55 attempted to grab the back handle of Resident #28's wheelchair. There was no staff present at this time, so the surveyor looked down the hallway and saw the Occupational Therapist (OT) who the surveyor called for help. The surveyor told the OT what they observed, and the OT removed Resident #28 from the hallway.
The surveyor reviewed the medical record for Resident #55.
A review of the admission Record face sheet reflected that the resident was admitted to the facility in December of 2019 with diagnoses which included cerebral infarction due to embolism of left middle cerebral artery (stroke caused by a blood clot), dysphagia (difficult swallowing), aphasia following cerebral infarction (loss of ability to understand or express speech caused by a stroke), and major depressive disorder.
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 6/17/22, reflected a brief interview for mental status (BIMS) score of 6 out of 15, which indicated severely impaired cognition.
A review of the electronic Progress Notes reflected that there were no documented primary care physician or nurse practitioner notes from January 2022 through the time in which the surveyor was reviewing the resident's medical record. There was only one Physician/Practitioner Progress Note dated 2/15/22 for a psychiatric consultation/follow up.
A review of the Physician's Progress Notes located in the resident's paper medical chart, included Physician's Progress Notes for 2022 dated 1/4/22, 2/2/22, 2/18/22, and 3/4/22. There were no documented Physician's Progress Notes after 3/4/22. (There were no Attending Nurse Practioner notes or Attending Physician notes for the months of April, May, June or July 2022, to date).
On 7/27/22 at 10:17 AM, the surveyor interviewed the Licensed Practical Nurse/Unit Manager (LPN/UM) who stated that Resident #55's Physician came to the facility twice a week and documented on the residents' paper charts that he saw the resident during his visits. The LPN/UM stated that the Physician saw all of his residents and did not have a nurse practitioner who alternated with monthly visits. If a nurse practitioner had to see one the the Physician's residents, they would call the Physician to let him know and then documented a progress note in the electronic medical record.
On 7/27/22 at 10:18 AM, the surveyor interviewed the Unit Clerk who stated that she thinned (removed documents from the paper chart to store in medical records off the unit) the residents' charts but kept the past six months of documents in the paper chart on the unit.
On 7/27/22 at 11:37 AM, the surveyor interviewed the resident's Physician via telephone who stated that he was at the facility a minimum of three to four times a week to see his long-term care and sub-acute residents. The Physician stated that he saw all his long-term care residents at least once a month and documented on the paper medical record. The Physician stated that Resident #55 was a 'big problem, this [guy/lady] is always hostile to other people, refuses to take medications most of the time, sits by the door most of the time. The Physician stated that the resident could not speak due to a stroke and just shakes his/her head when speaks to you. The Physician stated that the resident was stable but was hostile to everyone. The Physician stated that he saw the resident monthly and there should be documentation on the chart. The Physician stated that he saw the resident in the hallway a few weeks ago picking their nose. The Physician stated if there was no documentation in the chart, then maybe the documentation was in another resident's chart. The Physician acknowledged that Resident #55's Progress Notes should not be in another resident's chart.
On 7/27/22 at 12:00 PM, the surveyor interviewed the Director of Nursing (DON) who stated that she could not speak to how often the physicians had to see their long-term care residents. The DON stated that the residents' charts were thinned by the unit clerks, and one year of Physician's Progress Notes should remain on the paper charts. The DON confirmed that Resident #55's Physician only documented in the paper medical record. At this time, the surveyor and the DON reviewed Resident #55's paper medical record, and the DON confirmed that the last Physician's Progress Note was dated 3/4/22.
On 7/28/22 at 10:51 AM, the DON in the presence of the Licensed Nursing Home Administrator (LNHA), Assistant Director of Nursing (ADON), and survey team, confirmed that the Physician had not seen Resident #55 since March of 2022. The DON stated that long-term care residents should be seen at least every thirty days.
A review of the the facility's Physician Visits policy dated revised February 2022, included the Attending Physician will visit residents in a timely fashion, consistent with applicable state and federal requirements .a physician visit is considered timely if it occurs no later than ten (10) days after the date the visit is required .
NJAC 8:39-23.2(d)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0836
(Tag F0836)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and review of pertinent facility documentation, it was determined that the facility failed to a...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and review of pertinent facility documentation, it was determined that the facility failed to a.) ensure a resident who required two-person assistance for positioning during activities of daily living care was assisted by two people which resulted in a fall with major injury for 1 of 2 resident (Resident #11) reviewed for falls and b.) maintain required minimum direct care staff-to-resident ratios as mandated by the state of New Jersey for 22 of 28 day shifts and 6 of 28 night shifts reviewed.
The deficient practice was evidenced by the following:
Reference: New Jersey Department of Health (NJDOH) memo, dated 01/28/2021, Compliance with N.J.S.A. (New Jersey Statutes Annotated) 30:13-18, new minimum staffing requirements for nursing homes, indicated the New Jersey Governor signed into law P.L. 2020 c 112, codified at N.J.S.A. 30:13-18 (the Act), which established minimum staffing requirements in nursing homes. The following ratio(s) were effective on 02/01/2021:
One Certified Nurse Aide (CNA) to every eight residents for the day shift.
One direct care staff member to every 10 residents for the evening shift, provided that no fewer than half of all staff members shall be CNAs, and each direct staff member shall be signed in to work as a CNA and shall perform nurse aide duties: and
One direct care staff member to every 14 residents for the night shift, provided that each direct care staff member shall sign in to work as a CNA and perform CNA duties.
1. On 7/20/22 at 12:24 PM, the surveyor observed Resident #11 sitting up in a bariatric bed (a bed designed to accommodate a higher weight capacity than standard beds) wearing a hospital gown, the resident appeared morbidly obese. The resident stated he/she had a fall in the facility a few months ago when Certified Nursing Aide (CNA #1) attempted to change his/her incontinence brief. The resident stated they had told CNA #1 she could not do it on her own and needed another CNA to assist, but CNA #1 went ahead on her own and she subsequently dropped him/her. The resident stated he/she spent weeks in the hospital and had injured both their right and left leg.
The surveyor reviewed the medical record for Resident #11.
A review of the admission Record face sheet reflected Resident #11 was re-admitted to the facility in January of 2022 with diagnoses that included a history of falls, multiple sclerosis (a chronic disease where the immune system attacks nerve fibers in the brain and spinal cord causing inflammation which then alters the electrical messages to the brain), morbid obesity, unspecified fracture (break) of lower end left femur (thigh bone), and fracture of right tibial tuberosity (shin bone).
A review of the most recent annual Minimum Data Set (MDS), an assessment tool dated 7/15/22, reflected a brief interview for mental status (BIMS) score of 10 out of 15, which indicated a moderately impaired cognition.
A review of the quarterly MDS dated [DATE] included in Section G. Functional Status, that the resident required for Activities of Daily Living extensive assistance of two-person assistance for bed mobility which included how the resident moves to and from lying position, turns side to side, and positions body while in bed or alternate sleep furniture.
On 7/27/22 at 10:33 AM, the surveyor interviewed CNA #1 who was assigned to Resident #11 on 1/14/22 (the day of the fall) who stated after washing the front of the resident she needed to turn the resident over, so she pulled the sheet that was under the Resident #11 and crossed their legs. CNA #1 stated she had one hand on the resident holding them and the other hand she held a washcloth, when Resident #11's left leg had begun to slip off the bed, she immediately grabbed the bed controller and lowered the bed to the floor, because she knew she could not hold the resident's weight. Once the bed was lowered, CNA #1 eased the resident down to the floor and onto their knees. The surveyor asked CNA #1 how many CNAs were working during the day shift, and CNA #1 responded there were only four CNAs because if there was a fifth CNA, she would not have been assigned to Resident #11.
On 7/27/22 at 12:15 PM, the surveyor reviewed the Daily Assignment Sheet provided by the Assistant Director of Nursing (ADON) which reflected on 1/14/22 the 7:00 AM - 3:00 PM shift had four CNAs assigned to the 54 residents on the third floor, which would be one CNA to every thirteen residents.
On 7/27/22 at 12:20 PM, the surveyor interviewed the Director of Nursing (DON) who confirmed prior to Resident #11's fall with major injury, the resident required extensive assistance of two-person to reposition them in bed. The DON confirmed CNA #1 should not have repositioned Resident #11 on 1/14/22 by herself and needed assistance of another person.
On 7/27/22 at 12:43 PM, the surveyor interviewed the DON who stated the amount of CNAs scheduled depended on the census on the floor. When asked how the facility determined that number, the DON replied that the facility used the New Jersey Department of Health (NJDOH) ratio that needed to be followed. The DON stated the facility did not use Agency staff, but if there were not enough CNAs, nurses could assist in patient care. At this time, the surveyor requested the facility's staffing from 1/2/22 through 1/15/22.
As per the Nurse Staffing Report completed by the facility for the weeks of 1/2/22 to 1/8/22 and 1/9/22 to 1/15/22, the staffing to resident ratios that did not meet the minimum requirement of 1 CNA to 8 residents for the day shift as documented below:
1/2/22 had 9 CNAs for 105 residents on the day shift, required 13 CNAs. (11.66 residents per CNA)
1/3/22 had 9 CNAs for 99 residents on the day shift, required 12 CNAs. (11 residents per CNA)
1/4/22 had 10 CNAs for 99 residents on the day shift, required 12 CNAs. (9.90 residents per CNA)
1/7/22 had 10 CNAs for 107 residents on the day shift, required 13 CNAs. (10.70 residents per CNA)
1/8/22 had 7 CNAs for 107 residents on the day shift, required 13 CNAs. (15.28 residents per CNA)
1/9/22 had 7 CNAs for 107 residents on the day shift, required 13 CNAs. (15.28 residents per CNA)
1/10/22 had 11 CNAs for 112 residents on the day shift, required 14 CNAs. (10.18 residents per CNA)
1/11/22 had 12 CNAs for 110 residents on the day shift, required 14 CNAs. (9.16 residents per CNA)
1/14/22 had 10 CNAs for 106 residents on the day shift, required 13 CNAs. (10.60 residents per CNA)
1/15/22 had 8 CNAs for 106 residents on the day shift, required 13 CNAs. (13.25 residents per CNA)
On 7/28/22 at 10:19 AM, the DON in the presence of the Licensed Nursing Home Administrator (LNHA), ADON, and survey team acknowledged that a resident who was a two-person assistance could not be assisted with only one person. The DON stated that the facility had no additional staffing policies except their emergency staffing policy. At this time, the ADON stated that the facility did not have a policy regarding ADL care.
Refer F689
2. During entrance conference on 7/19/22 at 10:32 AM, the DON in the presence of the LNHA, informed the surveyor that the facility staffing was okay. The DON stated that the facility had new hires and was continuing to hire positions. The DON stated that the facility did not use Agency staff, that if the facility was short staffed, they used their own staff by offering overtime and bonuses.
As per the Nurse Staffing Report completed by the facility for the weeks of 7/3/22 to 7/9/22 and 7/10/22 to 7/16/22, the staffing to resident ratios that did not meet the minimum requirement of 1 CNA to 8 residents for the day shift; 1 direct care staff to every 10 residents for the evening shift; and no fewer then half of all staff members are CNAs during the evening shift as documented below:
7/3/22 had 6 CNAs for 95 residents on the day shift, required 12 CNAs. (15.83 residents per CNA)
7/3/22 had 5 CNAs to 13 total staff on the evening shift, required 6 CNAs.
7/4/22 had 8 CNAs for 95 residents on the day shift, required 12 CNAs. (11.87 residents per CNA)
7/5/22 had 10 CNAs for 95 residents on the day shift, required 12 CNAs. (9.50 residents per CNA)
7/5/22 had 4 CNAs to 11 total staff on the evening shift, required 5 CNAs.
7/6/22 had 10 CNAs for 95 residents on the day shift, required 12 CNAs. (9.50 residents per CNA)
7/7/22 had 10 CNAs for 98 residents on the day shift, required 12 CNAs. (9.80 residents per CNA)
7/8/22 had 9 CNAs for 98 residents on the day shift, required 12 CNAs. (10.88 residents per CNA)
7/8/22 had 9 total staff for 98 residents on the evening shift, required 10 total staff.
7/9/22 had 8 CNAs for 96 residents on the day shift, required 12 CNAs. (12 residents per CNA)
7/9/22 had 5 CNAs to 13 total staff on the evening shift, required 6 CNAs.
7/10/22 had 8 CNAs for 96 residents on the day shift, required 12 CNAs. (12 residents per CNA)
7/11/22 had 7 CNAs for 96 residents on the day shift, required 12 CNAs. (13.71 residents per CNA)
7/12/22 had 10 CNAs for 96 residents on the day shift, required 12 CNAs. (9.60 residents per CNA)
7/13/22 had 9 CNAs for 96 residents on the day shift, required 12 CNAs. (10.66 residents per CNA)
7/15/22 had 5 CNAs to 12 total staff on the evening shift, required 6 CNAs.
7/16/22 had 6 CNAs for 95 residents on the day shift, required 12 CNAs. (15.83 residents per CNA)
7/16/22 had 5 CNAs to 13 total staff on the evening shift, required 6 CNAs.
A review of the facility's Identifying Neglect policy dated 2/10/22, included preventing resident neglect is a priority throughout all levels of this organization .neglect is defined as the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical pain, mental anguish, or emotional distress; any situation in which the resident's care needs are known (or should be known) by staff (based on assessment and care planning), and those needs are not met due to other circumstances, can be defined as neglect; circumstances that lead to neglect: .lack of sufficient staffing .
NJAC 8:39-5.1(a)